(A) Policy. The Council may conduct a review of an undeveloped subdivision after the expiration of ten years after the date of approval. Upon motion, the Council shall direct an investigation into the status of the lands included within the subdivision to determine whether the subdivision is undeveloped.
(B) Definition.
LANDS DESCRIBED IN THE PLAT OF ANY SUBDIVISION UNDER REVIEW. Shall be considered to be developed if any of the following conditions are found upon review by the Council to exist on such lands:
(a) Roadways providing access into and travel within the subdivision have been or are being constructed to meet the specifications prescribed therefor by the Council;
(b) Facilities for the supply of domestic or industrial water to lots created by the subdivision have been or are being constructed;
(c) Sanitary sewerage disposal facilities have been or are being constructed for lots created by the subdivision, or septic tanks have been or are being installed on the land or permits have been issued for their installation on the land;
(d) Buildings have been or are being constructed upon the land or permits have been issued for the construction of buildings upon the land; and
(e) One or more lots described in the plat of the subdivision have been sold or otherwise transferred prior to the date of the initiation of such review.
(C) Compliance with regulations. If the Council determines that a subdivision is undeveloped after its investigation of the subdivision under division (A) above, it shall also determine:
(1) If the undeveloped subdivision complies with the comprehensive plan, zoning regulations and ordinances, and subdivision ordinances and regulations currently in effect with respect to lands in the subdivision; and
(2) If the undeveloped subdivision does not comply with such plan and ordinances and regulations, whether the subdivision may be revised to comply with such plan and ordinances and regulations.
(D) Hearing; notice to landowners. If the Council determines that a subdivision is undeveloped after its investigation of the subdivision under division (A) above, it shall refer the matter to the Planning Commission which shall conduct a hearing to determine whether the undeveloped subdivision should be revised and the subdivision replatted or vacated and all lands within the subdivision that have been dedicated for public use vacated. Not later than 30 days before the date of a hearing held by the Planning Commission under this section, the city shall notify, in writing, each owner of record of land described in the plat of the subdivision under review of the date, place, time, and purpose of such hearing.
(E) Revision, vacation of undeveloped subdivisions.
(1) Following a hearing conducted as required under division (D) above, the Planning Commission may recommend to the City Council as follows:
(a) Recommend the revision of the subdivision and a replat of the subdivision as it considers necessary, if it finds that the subdivision may be revised to comply with the comprehensive plan, zoning ordinances and regulations, and other modern subdivision control standards not in existence when the subdivision was initially approved; or
(b) Recommend proceedings be initiated, for vacation of the subdivision, if it finds that the subdivision cannot be revised in accordance with the comprehensive plan, zoning ordinances and regulations, and other modern subdivision control standards not in existence when the subdivision was initially approved.
(2) The matter shall then be referred to the Council for final action. The Council shall conduct a hearing not later than 60 days after the matter has been referred by the Planning Commission with notice provided as set forth in division (D) above. Following hearing, if the Council requires the revision and replatting of the subdivision, it shall approve the subdivision only upon the completion of the revisions as required by the Council and the replat of the subdivision as provided in O.R.S. 92.180 to 92.190.
(3) If the Council determines that it is necessary to vacate a subdivision, the Council shall adopt an ordinance vacating the subdivision and providing for the vacation of lands within the subdivision that have been dedicated for public use. Title to lands within a vacated subdivision shall vest as provided in O.R.S. 271.140 and 368.366. Any owner of lands described in the plat of the vacated subdivision who is aggrieved by the action of the Council in vacating the subdivision may appeal such action in the manner provided in O.R.S. 34.010 to 34.100. The ordinance adopted by the Council for the vacation of the subdivision of the lands therein dedicated to public use shall be filed with the County Recording Officer as provided in O.R.S. 271.150.
(4) Nothing herein shall prevent the owner of any lands within an undeveloped subdivision from seeking vacation of such subdivision under city vacation procedures and, if such vacation proceedings are commenced after the date of the notice of review of the subdivision by the Council, the review proceeding shall be suspended during such vacation proceedings. If the subdivision is vacated at the initiation of any owner, the review proceedings under this section shall be discontinued; but, if the subdivision is not vacated at the request of an owner, the review proceedings under this section shall be resumed at the termination of the vacation proceedings brought by an owner of lands in the subdivision.
(Ord. 318, passed 9-12-1988)